California Attorney General Rob Bonta has filed a pre-enforcement lawsuit against the U.S. Department of Justice (U.S. DOJ) in response to what he describes as imminent legal retaliation against California’s school systems. The U.S. DOJ recently issued a letter requesting certification from California school districts that they will not comply with state anti-discrimination laws, which allow K-12 students to participate in sports consistent with their gender identity.
The California Department of Education informed the U.S. DOJ that it would not meet these demands, which it argues would force school districts to violate both state law and the U.S. Constitution. Attorney General Bonta seeks intervention from the U.S. District Court for the Northern District of California to uphold state anti-discrimination laws and prevent retaliatory actions by the Trump Administration, such as withholding federal funding.
Attorney General Bonta stated, “The President and his Administration are demanding that California school districts break the law and violate the Constitution – or face legal retaliation.” He emphasized his commitment to defending state laws that protect civil rights.
Since 2012, California law has mandated equal rights and opportunities regardless of gender identity or expression, extending these protections specifically to school athletics in 2013. The California Interscholastic Federation (CIF) supports this through its Bylaw 300.D, allowing athletic participation according to gender identity.
The U.S. DOJ’s recent letter claims Bylaw 300.D violates the Equal Protection Clause of the Fourteenth Amendment by allegedly requiring male participation in girls’ sports, demanding certification by June 9, 2025, to avoid legal consequences.
Attorney General Bonta argues that Ninth Circuit precedent prohibits barring transgender students from participating based on gender identity as it violates the Equal Protection Clause. He asserts that compliance with federal demands would contravene both this clause and California’s anti-discrimination laws.
A copy of the lawsuit is available for public viewing.
